The failure to produce the challenged judgment at the time of filing the administrative appeal does not result in forfeiture

Authors

  • Nicola Di Modugno Ricercatore confermato di diritto amministrativo Università del Sannio – Benevento

DOI:

https://doi.org/10.15162/2612-6583/2426

Keywords:

plenary session, principle of proportionality, right to appeal, access to a court

Abstract

The Plenary Session, with ruling no. 5/2025, ruled that failure to produce a copy of the contested ruling when filing an administrative appeal does not imply forfeiture. This development in case law stems from a literal interpretation of Article 94, paragraph 1, of the Code of Administrative Procedure, and by avoiding excessive formalities, it is consistent with the principle of proportionality in determining grounds for inadmissibility established by the case law of the European Court of Human Rights.

Published

2025-01-16

Issue

Section

Notes, Papers, Comments